Prasanth R vs Bar Council Of Kerala
2021 Latest Caselaw 22015 Ker

Citation : 2021 Latest Caselaw 22015 Ker
Judgement Date : 3 November, 2021

Kerala High Court

Prasanth R vs Bar Council Of Kerala on 3 November, 2021

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
 WEDNESDAY, THE 3RD DAY OF NOVEMBER 2021/12TH KARTHIKA, 1943
                     WP(C) NO. 24005 OF 2021


PETITIONER:

         PRASANTH R., AGED 38 YEARS,
         S/O.LATE S. RADHAKRISHNAN,
         RESIDING AT KALLUVILAKAM
         (DWARAKA) HOUSE, PALACE ROAD,
         CHALAKUDY,
         THRISSUR DISTRICT PIN 680 307.

         BY ADVS.
         G.SREEKUMAR (CHELUR)
         S.S.ARAVIND


RESPONDENTS:

    1    BAR COUNCIL OF KERALA,
         REPRESENTED BY ITS CHAIRMAN,
         BAR COUNCIL BHAVAN,
         HIGH COURT CAMPUS,
         ERNAKULAM, KOCHI PIN 682 031.

    2    UNIVERSITY OF KERALA,
         REPRESENTED BY ITS REGISTRAR,
         SENATE HOUSE CAMPUS, PALAYAM,
         THIRUVANANTHAPURAM PIN 682 034.

         SRI.PRANOY KOTTARAM (APPEARS FOR R1)
         SRI.THOMAS ABRAHAM, SC R2

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.11.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C)No.24005/2021

                               2




                           JUDGMENT

Dated this the 3rd day of November, 2021

The petitioner who has passed three year LLB Degree

Course from the Government Law College,

Thiruvananthapuram is before this Court, seeking to direct

the 1st respondent to grant opportunity to the petitioner to

apply for the Enrollment to be conducted by the Bar Council

of Kerala scheduled on 21.11.2021 as per the extant

stipulations. The petitioner has also sought to command the

2nd respondent-University of Kerala to issue the pass

certificate and other relevant certificates of the LLB Course.

2. The petitioner has been a student of three year

LLB Degree Course of 2016-19 in Government Law

College, Thiruvananthapuram. The petitioner cleared all the

semester papers except of the 3rd Semester of the LLB

Course. Therefore he could not enrolled as an Advocate WP(C)No.24005/2021

earlier. The 3rd Semester examination was conducted in

February, 2021 and the result was declared after a long

period of eight months, on 28.10.2021.

3. By the time, the last date prescribed by the Bar

Council of Kerala for submission of application for

Enrollment scheduled on 21.11.2021 with late fee had

expired. The petitioner submits that the delay in making an

application after the last date prescribed is not due to any

fault of the petitioner. The 3rd Semester results were

delayed solely due to Covid pandemic.

4. In such circumstances, if the petitioner is not

permitted to enroll as an Advocate in the ensuing enrollment

scheduled to be held on 21.11.2021, the petitioner will be

put untold hardship and loss. The petitioner further

submitted that the petitioner is otherwise eligible as per

Section 24 of the Advocates Act, 1961. Injustice would be

caused to the petitioner if opportunity to get enrolled on WP(C)No.24005/2021

21.11.2021 is lost.

5. The learned Standing counsel for the 1st

respondent appeared in the writ petition. The learned

Standing Counsel for the 1st respondent submitted that the

portal of receiving Enrollment application is closed after

25.10.2021. It cannot be opened for the purpose of

entertaining the petitioner's application alone. The learned

Standing Counsel further submitted that yet another

Enrollment is scheduled to be held on third week of January,

2022 and the petitioner very well can apply for enrollment as

an Advocate in January, 2022.

6. I have heard the learned counsel for the

petitioner and the respective Standing Counsels for the

respondents.

7. The petitioner made Ext.P2 representation to the

Chairman of the Bar Council of Kerala extending the last

circumstances under which the petitioner could not make an

application for Enrollment before the last date on

25.10.20210. In the facts of the case, this Court is of the

view that the 1st respondent can consider Ext.P2

representation submitted by the petitioner in accordance

with law.

The writ petition is accordingly disposed of directing

the 1st respondent to consider Ext.P2 representation and

take a decision in accordance with law as expeditiously as

possible, at any rate before 21.11.2021.

Sd/-

APPENDIX OF WP(C) 24005/2021

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE 3RD SEMESTER RESULTS PUBLISHED ON 28.10.2021 BY THE 2ND RESPONDENT UNIVERSITY OF KERALA Exhibit P2 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT THROUGH E-MAIL DATED 1/11/2021